UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: March 9, 1994.
PETER ROSETTI; MARY DOE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
DONNA SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES, PETER ROSETTI AND MARY DOE, APPELLANTS.
Present: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, Roth and Lewis, Circuit Judges.
SUR PETITION FOR REHEARING
The petition for rehearing filed by appellee in the above entitled case having been submitted to the Judges who participated in the decision of this court and to all other available circuit Judges in regular active service, and no Judge who concurred in the decision having asked for rehearing, and a majority of the circuit Judges in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied. Judges Stapleton, Hutchinson and Roth would have granted rehearing.
BY THE COURT,
Timothy K. Lewis, Circuit Judge
Date: MAR 9- 1994
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